Standart Pompa Exclusivity 2019

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EXCLUSIVITY AGREEMENT

A.) This Agency Agreement is made on 01 July 2019 by and between following parties:
1) PARTIES:

1st Party : STANDART DIS TICARET VE PAZARLAMA A.S.

Dudullu Org.San.Bol. 2.Cad.No:9-34775 Esenkent–Umraniye – Istanbul-Turkey T: +90 216 466 89 00


(hereinafter shall be referred to as ‘‘Principal’’ )

2nd Party: TADMUR TRADING W.L.L

T : +974 - 44337000 D : +974 - 44337133


F : +974 - 44337100 P.O.Box 37493 Doha, Qatar.
E : general@tadmur-trading.com
W: www.tadmur-trading.com
(hereinafter shall be referred to as ‘‘Agent’’ ).

2) PRODUCTS : UL/FM fire fighting Pumps and Chilled Water pumps along with
all required accessories & Spare Parts.
BRAND : STANDART POMPA
3) DURATION: This agreement shall be effective starting from 01th August 2018 for
a period of 1 year and shall expire on 31th of July 2019.
4) TERITORY: In the territory of QATAR
5) MANUFACTURER: Standart Pompa ve Makine San.Tic A.S. is the manufacturer
and Principle is the sister company of Standart Pompa which makes sales (export) to
out of Turkey.
B.) Principal and Agent hereby agree on the following terms:
1- Principal hereby appoints Agency as Sole&Exclusive Agent to represent the Principal in
the Territory under brand name Standart and to identify new customers for Principal. The
Agent hereby accepts and acknowledges this appointment.

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2- Principal hereby warrants to the Agent that all goods and products supplied by Principal
shall be in good condition in terms of material and workmanship.
3- In case of any claim, request, such condition shall be submitted by post within fifteen
days after the goods recived . In case any claim arises, Agent shall send products to the
factory of Principal. Afterwards Principal shall promptly procure new products and shall
at no cost forward these to the place designated by Agency.
4- Agent and Principal shall maintain the confidentiality provisions of this Agreement
excepting the disclosure provisions required by Law.

5- TARGET : 500,000 QAR ( 150,000 USD ) as a start for the first year 2019/2020.
6- PAYMENT : 30 % Advanced Payment & 70 % Open Credit Facility LC / 60 Days

7- WARRANTY : The warranty period is 12 months after start up or 18 months from


the date of invoice ,whicever occurs first . Our warranty consist of just for pump against
labour and workmanship faults, other equipments such as e-motor, diesel engine , control
panel ,mechanical seal , bearing, etc… are under the warranty of original equipment
manufacturers.
THIS WARRANTY DOES NOT COVER THE FOLLOWINGS:
A) Fare, wear and tear during the faulty operation.
B) Damages during transportation, transit and erection at site.
C) Damages due to mishandling, incorrect operation or incorrect maintenance.
D) Damages arising out of any other conditions other than faulty design, defective
material or workmanship.
8- ASSIGNMENT : The Agent will not assign or purport to assign any of his obligations
under this agreement for the products without prior approval of the Principle obtained in
writing.The Principal reserves the right to withdraw on the event of his ceasing to
manufacture in any product on giving two months notice to the Agent unless this
withdrawal amounts to a termination of the Agency when notice as set out in section A4
would apply.The Agent agrees that he will not become an agent for or in any other way
assist any company manufacturing or distrubuting any range of products directly
competitive with those of the Principle during the existence of this agreement ,unless by
prior arrangement with the Principle .
9- MISREPRESENTATION :The Agent agrees that he will not offer,sell or supply pumps of
other company’s manufacture, purporting to be Standart Pompa ,nor will be falsely
nameplate as Standart Pompa ,other manufacturer’s products.Where third party or
factored products are sold into the Territory as an “Standart Pompa” this will be done
solely through the Principle and with the Principal’s full consent.
10- OUTLETS :The Agent agrees to call on all likely customers ,end-users , original
equipment manufacturers,consultants,contractors and other companies whose business
may involve purchase or specification of the Product.The Agent may appoint distributers
in Qatar in order to achieve sales.
11- The Agent may not sell or distribute outside the Qatar unless by prior written consent of
the Principal.
12- TERMS OF SALE AND COMMISSION :No commissions will be due or payable from
the Principal to the Agent.The Agent is to derive whatever profit from the resale of the
products,applying his magrin as he sees fit.
13- EXPENSES :The Principal shall not be responsible for any of the expenses of the normal
day to day running of the agency.
14- AGENT’S AUTHORITY
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1)The Agent shall have no authority to make agreements binding on the Principal’s
written authorithy.
2)The Agent shall have no authority to accept orders on a sale or return basis , nor offer
terms outside the Principals standard conditions of contract or terms of payment without
the authorithy of the Principal.
3)The Agent shall have no authority to settle disputes with customers on behalf of the
Principal , but will refer these immediately to the Principal with exception to agreeing to
the replacement of obviously faulty material owing to bad workmanship(where the Agent
will inform the Principal of his action immediately)
4)The Agent shall have no authority to issue a credit note on behalf of the Principle.
15- SALES AIDS: The Principal undertakes to supply the Agent free of charge technical
literature , product manuels and brochures which shall remain the property of the
Principal and be returned on the termination of the agency at the Principal’s expense .
16- EXCLUSIVITY:The Principal undertakes not to knowingly sell goods into the territory
through any other party unless by prior arrangement with the Agent.
Where the Principle receives an enquiry originating in the territory related with pumps or
pump systems ,the Principal will refer the enquiry to the Agent.

17- TRAINING:The principal undertakes to provide whatever training may be necessary to


enable the Agent acquire such technical knowledge of the Products as may be considered
necessary.
18- STOCK : Where the agent wishes to carry stock in order to service territory to the best
effect,such effect will be purchased from the Principal and will be carried by the agent at
the agent risk.
19- RIGHTS AND OBLIGATIONS : The principal undertakes to give the Agent all the
reasonable assistance he can enable the Agent to fulfill his duties and safeguard the Agent
interests.The Agent undertakes to endeavour to the best of his ability to promote and
extend sales of the Products in the Territory , to exercise reasonable care and skill in the
performance of his duties , to act faithfully in the interest of the Principal to which end he
will keep the Principal informed by reports at regular intervals,and keep a record of calls
on customers making them available to the Principal for inspection upon reasonable
request.
20- TERMINATION : Not withstanding the provision of section A2 this agency may be
terminated
I ) Immediately by the Principals liquidation
Ii ) Immediately on the Agent becoming insolvent
Iii ) On a serious breach of the term of this agreement
Iv ) On the Agent being unable to carry out his duties for a period of three months in a year due to
health or other reason
21- This agreement shall be governed by Swiss Laws and in case of any disputes arising or in
connection with execution of this Agreement Swiss Federal Tribunals and Execution
Offices shall have jurisdictional power to setle aforementioned disputes.
22- Parties have executed this Agreement and have caused their signatures by their duly
authorised representatives, stipulated below.

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Signed: Signed:

TADMUR TRADING W.L.L Standart Dis Ticaret ve Pazarlama A.S


Salwa Road Dudullu Organize San.Bol. 2.Cad.
P.O.Box 37493 No:9 , 34775 Esenkent – Umraniye –
Doha - Qatar Istanbul-Turkey

Date: 01/07/2019 Date: 01/07/2019

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